Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88359797 MR. BAR-B-Q (Stylized and/or with Design, see http://uspto.report/TM/88359797/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Meat tenderizer, namely, a pronged instrument for pounding meat; Tableware, namely, knives, forks and spoons
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2016 and first used in commerce at least as early as 06/01/2016 , and is now in use in such commerce.

Proposed: Class 008 for Meat tenderizer, namely, a pronged instrument for pounding meat; Tableware, namely, knives, forks and spoons
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2016 and first used in commerce at least as early as 06/01/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 008 . The specimen(s) submitted consists of Product/website screenshot .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Meat thermometers; Temperature meters not for medical use
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2016 and first used in commerce at least as early as 06/01/2016 , and is now in use in such commerce.

Proposed: Class 009 for Meat thermometers; Temperature meters not for medical use
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2016 and first used in commerce at least as early as 06/01/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Product/website screenshot .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Ceramic briquettes for use in barbecue grills; Cooking grates adapted for barbecue grills; Fire table; Fitted covers for barbecue grills; Fitted covers for portable fireplaces; Gas fires; Lava rocks for use in barbecue grills; Outdoor portable lighting products, namely, headlamps; Portable fire pits; Portable stoves; Rotisseries; Utility lighters for lighting grills, fireplaces and candles; Portable fire pit cooking grates; Portable fire pit cooking grids
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2016 and first used in commerce at least as early as 06/01/2016 , and is now in use in such commerce.

Proposed: Class 011 for Ceramic briquettes for use in barbecue grills; Cooking grates adapted for barbecue grills; Fire table; Fitted covers for barbecue grills; Fitted covers for portable fireplaces; Gas fires; Lava rocks for use in barbecue grills; Outdoor portable lighting products, namely, headlamps; Portable fire pits; Portable stoves; Rotisseries; Utility lighters for lighting grills, fireplaces and candles; Portable fire pit cooking grates; Portable fire pit cooking grids
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2016 and first used in commerce at least as early as 06/01/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 011 . The specimen(s) submitted consists of Product/website screenshot .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Basting brushes; Basting spoons; Caddies for holding paper towels, utensils, condiments for household use; Cleaning brushes for barbecue grills; Cooking utensils, namely, grill covers; Cooking utensils, namely, wire baskets; Corn cob holders; Grill scrapers; Grill presses; Pizza stones; Serving tray liners; Serving trays; Barbecue mitts; Barbecue tongs; Barbecue turners; Brushes for basting meat; Cooking pots and pans; Cooking skewers; Cooking utensils, namely, grills; Cookware, namely, roasting pans; Electric devices for attracting and killing insects; Grills in the nature of cooking utensils; Household utensils, namely, kitchen tongs; Lockable non-metal household containers for food; Meat tongs; Non-stick barbecue grill cooking mats for use on grills; Oven mitts; Portable cooking kits for outdoor use; Roasting dishes; Scrubbing brushes; Servingware for serving food and drinks; Utensils for barbecues, namely, forks, tongs, turners; Woks; Wood cooking planks for use in grilling
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2016 and first used in commerce at least as early as 06/01/2016 , and is now in use in such commerce.

Proposed: Class 021 for Basting brushes; Basting spoons; Caddies for holding paper towels, utensils, condiments for household use; Cleaning brushes for barbecue grills; Cooking utensils, namely, grill covers; Cooking utensils, namely, wire baskets; Corn cob holders; Grill scrapers; Grill presses; Pizza stones; Serving tray liners; Serving trays; Barbecue mitts; Barbecue tongs; Barbecue turners; Brushes for basting meat; Cooking pots and pans; Cooking skewers; Cooking utensils, namely, grills; Cookware, namely, roasting pans; Electric devices for attracting and killing insects; Grills in the nature of cooking utensils; Household utensils, namely, kitchen tongs; Lockable non-metal household containers for food; Meat tongs; Non-stick barbecue grill cooking mats for use on grills; Oven mitts; Portable cooking kits for outdoor use; Roasting dishes; Scrubbing brushes; Servingware for serving food and drinks; Utensils for barbecues, namely, forks, tongs, turners; Woks; Wood cooking planks for use in grilling
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/01/2016 and first used in commerce at least as early as 06/01/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 021 . The specimen(s) submitted consists of Product/website screenshot .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2
Specimen File3

The applicant's current attorney information: Brian A. Lincer. Brian A. Lincer of THE INTERNICOLA LAW FIRM, P.C., is located at

      115 Maple Avenue
      Red Bank, New Jersey 07701
      US

The phone number is 718-979-8688.

The fax number is 7184074835.

The email address is bal@businessandfranchiselaw.com

The applicants proposed attorney information: Brian A. Lincer. Other appointed attorneys are Charles N. Internicola. Brian A. Lincer of THE INTERNICOLA LAW FIRM, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      115 Maple Avenue
      Red Bank, New Jersey 07701
      United States

The phone number is 718-979-8688.

The fax number is 7184074835.

The email address is bal@businessandfranchiselaw.com

Brian A. Lincer submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: Brian A. Lincer. Brian A. Lincer of THE INTERNICOLA LAW FIRM, P.C., is located at

      115 Maple Avenue
      Red Bank, New Jersey 07701
      US

The phone number is 718-979-8688.

The fax number is 7184074835.

The email address is bal@businessandfranchiselaw.com; cni@businessandfranchiselaw.com; gf@businessandfranchiselaw.com

The applicants proposed correspondence information: Brian A. Lincer. Brian A. Lincer of THE INTERNICOLA LAW FIRM, P.C., is located at

      115 Maple Avenue
      Red Bank, New Jersey 07701
      United States

The phone number is 718-979-8688.

The fax number is 7184074835.

The email address is bal@businessandfranchiselaw.com; cni@businessandfranchiselaw.com; gf@businessandfranchiselaw.com

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Brian A. Lincer/      Date: 09/10/2019
Signatory's Name: Brian A. Lincer
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone Number: 718-979-8688


Response Signature
Signature: /Brian A. Lincer/     Date: 09/10/2019
Signatory's Name: Brian A. Lincer
Signatory's Position: Attorney of Record, New York Bar Member

Signatory's Phone Number: 718-979-8688

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Brian A. Lincer
   THE INTERNICOLA LAW FIRM, P.C.
   
   115 Maple Avenue
   Red Bank, New Jersey 07701
Mailing Address:    Brian A. Lincer
   THE INTERNICOLA LAW FIRM, P.C.
   115 Maple Avenue
   Red Bank, New Jersey 07701
        
Serial Number: 88359797
Internet Transmission Date: Tue Sep 10 15:22:30 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909101522302
77371-88359797-6105d58ed8c0469e74d11062c
fdae1b4becd63751673d51f9a1d4432a88a2454-
N/A-N/A-20190910151328959003